Welcome to https://dimorafersini.kross.travel/ , the service of Dimora Fersini that allows you to book and purchase services for your stay at our holiday resort. Please read carefully the following terms and conditions that govern the service. Dimora Fersini reserves the right to change the terms and conditions without notice, when such changes become necessary due to changes in the market, to the evolution of legislation or changes in the provision of the service. In any case, the use of the website and its freely accessible functions implies the acceptance of these General Terms and Conditions. These General Terms and Conditions govern the purchase of stays made remotely via computer network on the website www.dimorafersini.it and the related contract. Each purchase transaction shall be governed by the provisions set out in articles 50 - 68 of Legislative Decree no. 206 of 6 September 2005 ‘Consumer Code’ and subsequent amendments regarding distance contracts. Specific agreements may be entered into, where possible, without prejudice to these general terms and conditions.
Acceptance of the general terms and conditions
The Customer, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe these general conditions, declaring that he has read and accepted all the indications provided to him in accordance with the above-mentioned rules, also taking note that Dimora Fersini shall not be bound to different conditions unless previously agreed in writing. Any nullity or invalidity in whole or in part of one or more articles of these General Terms and Conditions does not in any way affect the validity of the other articles contained in the contract, which are to be considered valid and effective without limitation. In place of the invalid or ineffective condition, any other provision that proves to be congruent with the economic purpose of the agreement shall apply.
2. Commitments of the Customer.
- These General Terms and Conditions of Sale must be examined online by Customers at www.dimorafersini.it before they confirm their reservation. The submission of the order confirmation therefore implies full knowledge of these General Terms and Conditions of Sale and their full acceptance
- The Client undertakes and is obliged, once the online purchase procedure has been completed, to print and keep these general sales conditions, which have already been viewed and accepted during the booking process carried out, in order to fully satisfy the condition set out in articles 52 and 53 of Legislative Decree no. 206/2005
- In order to purchase the accommodation services of Dimora Fersini it is necessary to be at least 18 years old or to be of legal age according to the laws of the country of which you are a citizen. Any bookings regularly completed, even if made by minors, interdicted or incapacitated, will be considered fully valid
3. Purchase modalities.
- The purchase of accommodation services on https://dimorafersini.kross.travel/ is made by the customer at the total price indicated therein, which is accepted when the booking confirmation is sent;
- Prior to confirmation of the booking, the customer will be shown the total cost of the requested travel services
- After confirming the reservation and making the payment of the total amount indicated in the service summary, the Customer will receive an e-mail message at the address indicated containing a summary of his or her order, the reservation number and specifications of the service and cancellation terms
- The confirmation of the booking is in any case subject to receipt of payment by Dimora Fersini.
N.B.
It is mandatory to check the booking summary before payment. It is in fact essential that all data (dates, times, guests' names, addresses) are correct. Should even small inaccuracies (e.g. a mistake in writing names) be found due to an error in data entry on the part of the client, given the full responsibility of the same for the error, Dimora Fersini shall be contacted immediately. In any case of cancellation, non-receipt of the price of the service booked, or if there are reasonable grounds to believe that the booking is fraudulent, Dimora Fersini reserves the right to cancel the booking or to request the counter-value. In the event that it is impossible to make contact with the client, Dimora Fersini may not confirm or cancel the booking without incurring any kind of responsibility.
4. Conclusion of the contract
The contract is concluded with the acceptance of the booking by Dimora Fersini. Contextually, the guest is obliged to pay by credit card, bank transfer or other, the total amount indicated in the summary of the booking of the service. In any case, the booking confirmation commits Dimora Fersini only to keep the booking valid for the time necessary to receive evidence of the payment made by the client. At the successful completion of said payment, the booking will be definitively confirmed. Failing this, the client will not have the right to maintain the booking.
5. Exclusion of the right of withdrawal
Article 47 of Legislative Decree no. 206 of 6 September 2005, as amended, the ‘Consumer Code’, expressly excludes the applicability of the rules on contracts concluded away from business premises, distance contracts and the relative right of withdrawal to contracts that fall within the scope of application of the rules on travel, holidays and all-inclusive tours, as set out in Articles 32 to 51 of Legislative Decree no. 79 of 23 May 2011, and to contracts for passenger transport services. Consequently, for all purchases made on https://dimorafersini.kross.travel/ the right of withdrawal is excluded.
6. Penalties in case of cancellation or early departure
In case of cancellation of the booking by the client, Dimora Fersini has the right to apply, by way of compensation, the following penalties to be calculated on the total price resulting from the booking
- cancellation received up to 15 days before the date of arrival: 30% penalty
- cancellation received up to 14 days prior to the arrival date: penalty of 100%.
- cancellation received in the case of a ‘non-refundable’ reservation or no show: penalty of 100%
In the case of early departure, the hotelier is entitled to request payment for the entire period booked, with billing for the nights until the end of the reservation period.
7. Start and end of stay
As a rule, rooms are available from 16.00 on the day of arrival and must be vacated by 10.00 on the day of departure. Early accommodation or room release after the indicated time may be subject to a surcharge on site.
8. Comments at the time of booking
Any preferences indicated by the guests regarding the choice of rooms (e.g.: ground floor, with double beds, ...) are not binding for Dimora Fersini, which will be able to accommodate them or not according to possibility.
9. Rights of the guest
The guest whose reservation has been regularly confirmed has the right to use the premises of the facility, which are made available to guests without any specific conditions, and the regular service. The guest is entitled to exercise his or her rights in compliance with all directives and regulations of the facility.
10. Obligations of the Guest
The guest is obliged, at the latest upon departure, to pay the additional fees, related to extra services/performances that the guest and/or accompanying persons have enjoyed, plus the statutory value added tax and tourist tax if applicable. The guest is also responsible for any damage suffered by Dimora Fersini or third parties, including other guests, caused by him or caused by persons for whom he is responsible.
11. Rights of Dimora Fersini
If the guest refuses to pay for additional services purchased on the spot, Dimora Fersini is legally entitled to the right of retention and lien on the guest's property in the hotel. The aforementioned rights of retention and lien also apply as a guarantee for compensation of any kind.
Obligations of Dimora Fersini
Dimora Fersini is obliged to provide the agreed services and facilities to an extent that corresponds to its standard. Dimora Fersini may provide guests with suitable substitute accommodation (of the same quality), in the event of, for example, room/s being uninhabitable, extension of stay of the guests occupying the room in question, overbooking or other relevant needs of the facility that impose such a decision. Any additional costs related to the replacement accommodation shall be borne by Dimora Fersini
12. Obligations of Dimora Fersini
Dimora Fersini is obliged to provide the agreed services and facilities to an extent corresponding to its standard. It can provide guests with suitable substitute accommodation (of the same quality), in case of, for example, uninhabitable room(s), prolonged stay of the guests occupying the room in question, overbooking or other relevant needs of the facility that impose such a decision. Any additional costs related to the replacement accommodation shall be borne by Dimora Fersini
13. Responsibility for damage to property
Dimora Fersini is responsible for the damage suffered by the guest if the damage has occurred on the premises of the property and it or its employees are responsible for it. Dimora Fersini is not responsible, however, when the damage or the theft has occurred due to the guest's fault, force majeure or the nature of the object. Custody of objects may be refused if they are dangerous (i.e. potentially capable of causing damage), too bulky or of excessive value. Things are considered to be brought into the accommodation at the moment they are taken over by a member of the accommodation staff or are brought to a place within the accommodation intended for their safekeeping. The guest must report the fact without undue delay to the management of the accommodation facility in order not to lose the right to compensation (Art. 1785 ter of the Civil Code).
14. Maintenance
Dimora Fersini reserves the right to make changes to the organisation and facilities during the period of opening to the public. As part of the necessary maintenance activities the client agrees, without any right to reimbursement, to work being carried out on the accommodation or facilities during the period of their stay in the hotel.
15. Animals
Animals cannot be introduced.
17. Termination of contract - supervening impossibility
Dimora Fersini may terminate the contract with immediate effect in the event that the guest
- uses the premises with serious detriment to the property or makes cohabitation with other guests intolerable by behaving in an overbearing, disrespectful, scandalous or in any case inconsiderate manner or is guilty of actions or omissions against the accommodation service provider, staff, other guests and/or persons on the premises that are punishable by law as offences and that have as their object, property rights, morality and physical integrity
- in case of contagious disease or illness whose course exceeds the agreed period of stay or in case special care is required
If the fulfilment of the contract is made impossible by force majeure events (e.g. natural disaster, strike, lockout, official orders, etc.), Dimora Fersini can terminate the contract at any time without notice, if the contract is not already dissolved by law, or the hotel has not already been released from its obligation. Any claims for damages etc. on the part of Dimora Fersini are excluded.
18. Complaints
If a guest feels they need to make a complaint regarding their stay, the reasons for this should be communicated on the spot, directly to the hotel management. If the guest is not satisfied with the manner in which the complaint is received, he or she has 10 days after departure to submit a written complaint, detailing the reasons for the complaint.
19. Applicable law and competent court
These terms and conditions, as well as the relationship between users and Dimora Fersini are governed by Italian Law. The definition of any dispute that may arise between customers and Dimora Fersini will be the exclusive competence of the Court of Lecce.
